Question

Reading over these questions, I noticed that signed adoption/foster agreements are absolute and complete jokes! And anyone without deep pockets might as well not bother with them. If the person in possession of the animal does not abide by the signed agreement, the only recourse is to file a civil lawsuit, and I am reading this could cost $5,000-$10,000. I am low-income and forced to operate my rescue without help because all the organizations are full. How can I protect my rescues? Maybe not you personally, but is there a way to sue without it costing so much? Is there a book I can buy or something?

Answer

As the expression goes, “An ounce of prevention is worth a pound of cure.” I realize that even stringent screening of prospective adopters and foster “parents” is not foolproof but it is the best way for shelters/rescues to avoid problems with adopters and foster “parents” after an animal leaves the shelter/rescue. In California, unlike some other states, Small Claims Courts will hear cases for the return of an animal. The cost to bring a case in Small Claims Court is nominal. I suggest that you consult with an attorney in your state. A consultation fee should not be that costly and may also be helpful to the rescue for other cases in the future.

PLEASE NOTE: Responses to legal inquiries are not meant to replace seeking legal advice from an attorney in your state. The materials in this website and any responses to questions are for informational purposes only and are not intended, nor should they be construed, as legal advice. This website, the information contained herein, and any responses to questions directed to this column are not intended to create and do not establish an attorney-client relationship. You should not rely or act upon any information provided on this website or in any response to your inquiry without seeking the advice of an attorney in your state regarding the facts of your specific situation.

Send Your Pet Legal Question Now!

Elinor will field as many questions as she can and they will be posted here on this site. Due to the volume of questions received, not all questions are answered. However, many individuals have similar questions. You may find helpful information in the categories listed below.

Ask a Legal Question